Polsinelli Podcasts - FDA Denies Amgen Citizen Petition in Biosimilar Dispute
Environment California (“EC”) filed a July 23rd United States District Court (Central District of California) Clean Water Act citizen suit action against the Port of Los Angeles (“Port”) for alleged violations. See case No....more
Earthjustice sent a June 11th 60-day Endangered Species Act (“ESA”) citizen suit Notice of Intent to Sue (“NOI”) to the Tonto National Forest (“Forest”). The NOI alleges that Forest violated Section 7 of the ESA in its...more
The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) addressed in a December 4th Opinion an issue arising out of the federal Endangered Species Act (“ESA”). See Center for Biological Diversity, et al. v....more
In April of 2020 the Supreme Court of the United States answered a yes or no question with a maybe. The question: does a discharge to groundwater require a permit under the Federal Clean Water Act....more
Late last month, the 9th Circuit Court of Appeals ruled that a public water supplier could be liable in a citizens’ suit brought under the imminent and substantial endangerment provisions of RCRA, where the plaintiff alleged...more
On April 23, the U.S. Supreme Court finally answered the question that has plagued environmental attorneys for years with its decision in County of Maui v. Hawaii Wildlife Fund (Slip Op 18-260, April 23, 2020): whether point...more
Two recent cases illustrate the potential scope of, and the potential limitations on, injunctive relief in RCRA citizen suits. First up, Schmucker v. Johnson Controls. Contamination was detected at the Johnson Controls...more
On April 12, 2018, the Fourth Circuit Court of Appeals held that the Clean Water Act (CWA) regulates point source discharges through groundwater with a "direct hydrologic connection" to the surface water. The Court's 2-1...more
A recent ruling by the Fourth Circuit Court of Appeals signals a marked expansion of jurisdiction and potential liability under the Clean Water Act (CWA). Reversing the trial court’s dismissal for failure to state a claim,...more
A recent 2-1 decision from the Fourth Circuit has expanded potential liability under the Clean Water Act (“CWA” or the “Act”): — The Fourth Circuit became the second appellate court in as many months to adopt the “conduit”...more
As I’ve previously discussed, whether a discharge to groundwater may be subject to Clean Water Act jurisdiction is currently in dispute. Now the 9th Circuit has weighed in, finding that point discharges to groundwater are...more